Kerala High Court
K.M. Peer Muhammed vs State Of Kerala on 4 August, 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
MONDAY, THE 4TH DAY OF AUGUST 2025 / 13TH SRAVANA, 1947
CRL.MC NO. 5141 OF 2025
CRIME NO.797/2023 OF MANKARA POLICE STATION, PALAKKAD
CC NO.752 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -II,PALAKKAD
PETITIONER/1ST ACCUSED:
K.M. PEER MUHAMMED
AGED 42 YEARS
S/O. MUHAMMED KASSIM, RED FIELD, E-3 - DOOR GOVERNMENT
STAFF QUARTERS, KAMARAJ ROAD, COIMBATORE, TAMILNADU,
PIN - 641001
BY ADVS.
SRI.T.V.JAYAKUMAR NAMBOODIRI
SHRI.K.R.RAGHUNATH
SMT.P.SHEENA RAJAN
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 RAMLATH
W/O. PEER MOHAMMED, THAVALATHIL VEEDU, ONNAM MILE,
MANNUR P.O, PALAKKAD, PIN - 678642
BY ADVS.
SRI.L.RAJESH NARAYAN
SHRI.SHAIK ABDULLA T.U.
SRI SUDHEER G., PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 04.08.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
2025:KER:57890
Crl.M.C 5141/2025
2
ORDER
The petitioner is the accused in C.C.No.752 of 2024 on the files of
the Judicial First Class Magistrate Court-II, Palakkad. The allegation
against him is that he committed the offence under Section 498A IPC.
2. The prosecution case is summarised as follows:
The petitioner married the de facto complainant on 03.06.2007.
Within a short period after the marriage, the petitioner started torturing
the de facto complainant physically and mentally, demanding more dowry.
In respect of the above incident, a case was registered by the Mankara
Police as Crime No.541/2016. The Final Report in the aforesaid case was
filed before the Judicial First Class Magistrate Court II, Palakkad, and it
was accepted as CC No.796/2017. The aforesaid case was settled between
the parties on the basis of the undertaking given by the petitioner that he
would not repeat such torture, and that he would lead a peaceful family
life. On the basis of the above said undertaking, the de facto complainant
gave evidence before the Trial Court in tune with the settlement of issues
between the parties, leading to the acquittal of the accused, as per the
2025:KER:57890
judgment rendered by the Judicial First Class Magistrate Court II,
Palakkad, on 27.11.2017. However, after the above acquittal, the de facto
complainant would allege that the petitioner again started torturing her.
Accordingly, a complaint was preferred, which resulted in the registration
of Crime No.797/2023 by the Mankara Police. After the completion of the
investigation, the SI of Police, Mankara, laid the Final Report before the
jurisdictional Magistrate alleging the commission of offence under Section
498A IPC by the accused.
3. In the present petition, the petitioner would contend that he is
totally innocent, and that he has been falsely implicated in this case.
According to the petitioner, in a similar complaint preferred by the de facto
complainant, he was acquitted by the Judicial First Class Magistrate
Court-II, Palakkad, as per Annexure A3 judgment. It is further contended
by the petitioner that he is physically handicapped, and that the
allegations about the cruelty meted out to the de facto complainant are
false.
4. Heard the learned counsel for the petitioner and the learned
Public Prosecutor representing the State of Kerala.
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5. Annexure A3 judgment of the Judicial First Class Magistrate
Court II, Palakkad, acquitting the petitioner and the other accused in
connection with the offence under Section 498A and 326 IPC read with
Section 34 IPC, was in respect of the cruelty meted out to the de facto
complainant from 2007 to 2016. The grievance of the de facto
complainant in the present crime is that after getting an acquittal in the
aforesaid case, the petitioner again started torturing her physically and
mentally. The incidents involved in the present case relates to the physical
and mental cruelty meted out to the de facto complainant by the petitioner
from the year 2017 to 2023. By no stretch of imagination, it could be said
that the present case is hit by the principles of autrefois acquittal, since
the offence involved is totally different from the earlier offence in which
the petitioner and the other accused were acquitted. The statements
given by the de facto complainant and the witnesses to the Investigating
Officer clearly disclose the commission of crime by the petitioner upon the
de facto complainant. The truth or falsity of the above statements are to
be decided by the learned Magistrate after a full fledged trial. At any rate,
it is not possible for this Court to exercise its inherent powers under
Section 528 BNSS, to nip the prosecution in the bud in a case like this.
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Needless to say that the petition filed by the petitioner to quash the
proceedings against him, is devoid of merit.
In the result, the petition is hereby dismissed.
Sd/-
G. GIRISH
JUDGE
IAP
2025:KER:57890
PETITIONER'S ANNEXURES:
Annexure A-1 CERTIFIED COPY OF THE FINAL REPORT NO.
188/2024 DATED 20-06-2024 IN C.C. NO.
752/2024 OF THE JUDICIAL 1ST CLASS MAGISTRATE
COURT-II, PALAKKAD
Annexure A-2 TRUE COPY OF THE COMPLAINT DATED 06-07-2023
FILED BY THE 2ND PETITIONER BEFORE THE
MANKARA POLICE STATION
Annexure A-3 TRUE COPY OF THE JUDGMENT DATED 27-11-2017 IN
C.C 796/2017 OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-II PALAKKAD
Annexure A-4 TRUE COPY OF THE CERTIFICATE DATED 02.05.2006
ISSUED BY THE MEDICAL BOARD, COIMBATORE
MEDICAL COLLEGE HOSPITAL
